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September 12, 2025
Calif. Sends Groundbreaking Data Use Opt-Out, AI Bills To Gov.
The California Legislature has approved several cutting-edge measures to boost online data privacy and safety protections for consumers, including proposals that would require browser operators such as Apple and Google to enable users to easily stop the sale and sharing of their personal data across websites and push AI-powered "companion" chatbot providers to implement safeguards.
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September 12, 2025
Albertsons Loses Bid For Docs On Kroger CEO's Exit
The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.
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September 12, 2025
Roblox, Discord Face Wrongful Death Suit Over Teen's Suicide
The mother of a California teenager who died by suicide sued Roblox and Discord on Friday, claiming that her son was groomed and abused for years by a man who found him on the gaming platform, showed him how to disable parental controls and forced him to share explicit images.
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September 12, 2025
Employment Authority: Enticing Vax Fight Hits The High Court
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why experts think the U.S. Supreme Court may be interested in reviewing a suit from religious healthcare workers challenging a New York state vaccination requirement, how a Washington Supreme Court ruling has left the state's pay transparency law in a gray area and why the excessive output from the new National Labor Relations Board's acting general counsel makes him an outlier.
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September 12, 2025
23AndMe Inks $3.25M Data Breach Deal With Canadian Users
23andMe has asked a Missouri bankruptcy judge to approve a $3.25 million settlement reached with a class of 300,000 Canadian citizens whose information was compromised following a cybersecurity breach, touting the deal as an "excellent result" considering limited funds available and other issues implicated by the company's bankruptcy proceedings.
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September 12, 2025
DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks
The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.
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September 12, 2025
9th Circ. Rejects Rethink, Unpauses Google Play Store Order
The countdown for Google to open up the Play Store is ticking down again after the Ninth Circuit again affirmed district court monopolization findings.
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September 12, 2025
Amazon Says FTC Can't Subpoena Corporation For Prime Trial
Amazon has told a Seattle federal judge that the Federal Trade Commission can't subpoena the company itself for a testimony at an upcoming trial over allegations that it tricked customers into Prime subscriptions and prevented them from undoing their membership, arguing subpoenas that do not name individuals "skirt the rules."
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September 12, 2025
Apple Lets Thieves Drain Unsecured Gift Cards, Suit Alleges
Apple assures customers that its gift cards can be securely purchased and redeemed for various products, but the tech company's lack of "simple and commonsense security measures" allows thieves to drain activated cards before customers can use them, alleges a proposed class action in California federal court.
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September 12, 2025
Real Estate Recap: CMBS Distress, Nuclear AI, Campus Golf
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on commercial mortgage-backed securities distress, the dawn of nuclear-powered data centers, and the albatross of golf courses on colleges and universities.
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September 12, 2025
Shein Uses AI To Steal Popular Designs, Suit Claims
Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.
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September 12, 2025
What To Know About Anthropic's Pending $1.5B IP Settlement
The largest settlement in copyright history may still materialize, but the path for authors and Anthropic negotiating a $1.5 billion agreement is filled with challenges, including determining what portion of the millions of books the tech company allegedly downloaded from pirate sites is eligible for compensation.
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September 12, 2025
9th Circ. Won't Rethink Rejection Of Vegas Newspaper Pact
The Ninth Circuit refused to reconsider a panel's decision finding that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful because the rival newspapers needed approval from the U.S. attorney general.
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September 12, 2025
Coinbase Suggests SEC Sanctions Over Lost Gensler Texts
Crypto exchange Coinbase is calling for possible sanctions against the U.S. Securities and Exchange Commission following recent revelations that the agency inadvertently deleted a year's worth of text messages sent and received by former Chair Gary Gensler.
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September 12, 2025
In Fees Fight, OpenAI Rival Says TM Case Not Exceptional
Nothing "stands out" from a successful trademark case brought by OpenAI against Open Artificial Intelligence Inc., the latter company told a California federal judge, urging the court to deny OpenAI's request to make it pay $10 million in attorney fees.
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September 12, 2025
SEC Employee Traded Prohibited Crypto Stock, IG Says
The U.S. Securities and Exchange Commission's internal watchdog said on Friday that an agency employee earned more than $200,000 trading a cryptocurrency-related stock that he was prohibited from holding.
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September 12, 2025
Microsoft, OpenAI Ink Tentative Deal On Nonprofit Restructure
OpenAI and Microsoft have announced that the OpenAI nonprofit is taking a major step in its development, gaining control of a new Public Benefit Corporation and receiving an equity stake worth more than $100 billion.
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September 12, 2025
EPA To Spike Greenhouse Gas Reporting Program
The U.S. Environmental Protection Agency on Friday proposed repealing a 15-year-old program that requires power plants, fossil fuel and natural gas suppliers, and other facilities to report their greenhouse gas emissions, which the EPA said would save companies money.
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September 12, 2025
4 Companies Led By 5 Firms Ride IPO Wave, Raising $1.9B
Four companies across wide-ranging industries — including an engineering firm, a transportation tech startup, a cryptocurrency exchange and a coffee chain — began trading Friday after raising a cumulative roughly $1.9 billion in their initial public offerings, capping off the year's busiest week for new listings.
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September 12, 2025
Waste Management Cos. Must Face Union Benefit Funds' Suit
Two Boston-area waste management companies must face claims that they conspired to shortchange a pair of Teamsters benefit funds, a Massachusetts federal judge ruled Friday, tossing the companies' motion for summary judgment.
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
DC Circ. Probes NLRB's Employee Criticism Protections
A D.C. Circuit panel struggled Friday with the appropriate line for when an employee's public criticisms of their employer maintain protection under federal labor law as it weighed upholding a National Labor Relations Board ruling finding a Texas utility unlawfully fired a worker who testified before the state Senate.
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September 12, 2025
Robotics Co. Defends Accounting Errors As 'Growing Pains'
Supply chain automation company Symbotic asked a Massachusetts federal court to end a suit from an investor accusing it and its executives of hiding faulty accounting processes, saying the suit wrongly attempts to "convert a freshly public company's growing pains" into securities fraud.
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September 12, 2025
Boehringer Misused Forfeited Retirement Funds, Suit Says
Pharmaceutical giant Boehringer Ingelheim cost workers millions of dollars by using forfeited retirement plan funds to cover company contributions rather than administrative fees charged to participants, according to a proposed class action filed in Connecticut federal court.
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September 12, 2025
Conn. Supreme Court Snapshot: Amazon Wages Top Sept.
A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.
Expert Analysis
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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3 Rulings Show Hurdles To Proving Market Manipulation Fraud
Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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Untangling 'Debanking' Exec Order And Ensuing Challenges
President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.
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Calif. Board's Financial-Grade Climate Standards Raise Stakes
After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.
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Patterns And Trends In Publicly Filed Insider Trading Policies
An assessment of insider trading policies filed by over 60 issuers reveals a range of common approaches and a few differences with respect to key policy terms, including the parties covered, the scope of prohibited activities and the exceptions to these prohibitions, say attorneys at Debevoise.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.